You can claim that you have immunity, but the facts are different – said Professor Włodzimierz Wróbel, judge of the Supreme Court, in “Tak jest” on TVN24. He referred in this way to the defense line of Mariusz Kamiński and Maciej Wąsik, who claim that they are still MPs and whom the prosecutor's office has brought charges against. – I understand that these statements are related to some propaganda or political purposes. In any case, it has nothing to do with legal reality – he added.
Mariusz Kamiński and Maciej Wąsik heard the prosecutor's charges on Thursday. As Szymon Banna, spokesman for the District Prosecutor's Office in Warsaw, said, this is a case of failure to comply with the court's decision regarding the ban on conducting public activities and holding specific positions. Politicians took part in votes in the Sejm after the final judgment in their case was passed.
Kamiński and Wąsik claim that they are still MPs and are protected by immunity.
Prosecutor's office on charges against Kamiński and Wąsik. “Both made statements of similar content”
Prof. Wróbel: you can claim that you have immunity, but the facts are different
The case was commented on in “Tak jest” on TVN24 by Professor Włodzimierz Wróbel, judge of the Supreme Court, chairman of the Criminal Law Codification Commission, employee of the Department of Criminal Law of the Jagiellonian University.
– It is certainly the case that they are not MPs, therefore they are not entitled to parliamentary immunity. And this issue has already been clarified by the courts, he noted. – Many people are probably concerned or afraid of criminal proceedings and are doing everything to defend themselves against the charges they face. You can also claim that, for example, you have immunity, but the facts are different – commented Judge Wróbel.
– Everyone defends themselves as best they can. There is a right to defend ourselves, we should strengthen it. And maybe there is some political background there, but I won't go into it – added the judge. – If some people think that the world looks different – some people have very radical views on what the globe looks like – then what can we do about it? I understand that deep down, everyone who evaluates the legal order and what it looks like is perfectly aware of the legal facts – added the judge.
– However, I understand that these statements made outside are related to some propaganda or political purposes. In any case, it has nothing to do with legal reality – added the TVN24 guest.
Kamiński and Wąsik without parliamentary seats
December 20, 2023 The District Court in Warsaw issued a final and final sentence two years in prison each for Kamiński and Wąsik, as former heads of the CBA, for operational activities during the so-called the land scandal of 2007. The convicted were also subject to five-year bans from holding public positions. A day later, the Marshal of the Sejm, Szymon Hołownia, issued decisions confirming the expiry of parliamentary mandates in connection with the final conviction of current PiS MPs.
According to information from the Sejm website, both of them took part in the Sejm votes on December 21.
READ ON KONKRET24: PiS politicians: “Mr. Kamiński and Wąsik are still MPs.” No, they are not anymore
Main photo source: Leszek Szymański/PAP